HomeMy WebLinkAboutOrdinance No. 03-19981
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ORDINANCE NO. 03-98
AN ORDINANCE OF 'THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING
CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE
STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82, Building and Building Regulations, Article II, Building
Code, is hereby amended by repealing Article II in its entirety and replacing same with the
following:
Sec. 82 -31. Adopted. The Standard Building Code, 1997 edition, published by
the Southern Building Code Congress International, Inc., including appendices C
and D is adopted by reference as though it were set out in this article in full.
Sec. 82 -32. Amendments.
The building code adopted in section 82 -31 is amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as
follows:
102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector
Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building
Official Qualifications shall be those qualifications as outlined in Chapter 468,
Florida Statutes.
(2) Section 104.6.1 is amended to read as follows:
104.6.1 Permit Intent. A permit issued shall be construed to be a license to
proceed with the work and not as authority to violate, cancel, alter or set aside any
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of the provisions of the technical codes, nor shall issuance of a permit prevent the
Building Official from thereafter requiring a correction of errors in plans,
construction, or violations of this code. Every permit issued shall become invalid
unless the work authorized by such permit is commenced within six (6) months
after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of six (6) months after the time work is commenced. The
permit shall become invalid after three (3) years from the date of its issuance in
zoning districts of the City, unless the building or buildings subject to the permit
have exteriors and landscaping which are in substantial compliance with the plans
and specifications and comply with the provisions of Section 34 -96, Sec. 34 -97,
subsections 34- 98(3), (4), (5) (6), (7), (8), (9), and (11), Section 34 -99, and
Section 34 -122 of the City Code of Ordinances. Extensions of time for building
permits may be granted only by the City Council. Further, any unfinished
buildings or structures for which a permit has lapsed or otherwise become invalid,
and where the appearance and other conditions of such unfinished building or
structure substantially detracts from the appearance of the immediate
neighborhood, or reduces the value of property in the immediate neighborhood, or
is a nuisance shall be deemed to be a violation of the above referenced code
sections, which violation may be enforced by the Code Enforcement Board.
(3) Section 108.1 is amended to read as follows:
108.1 Appointment. There is hereby established a board to be called the
Construction Board of Adjustment and Appeals, which shall consist of five (5)
members. The board shall be appointed by the city council.
(4) Section 108.2 is amended to read as follows:
108.2 Membership and Terms.
108.2.1 Membership. Members of the Construction Board of Adjustment and
Appeals should be composed of individuals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. A board member shall not act in a case in which he has a personal
or financial interest.
108.2.2 Terms. The terms of office of the board members shall be two (2) years
from the date of appointment. Continued absence of any member from required
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meetings of the board shall, at the discretion of the city council, render any such
member subject to immediate removal from office.
108.2.3 Quorum and Voting. A simple majority of the board shall constitute a
quorum.
108.2.4 Secretary of Board. The building official or designee shall act as
secretary of the board and shall make a detailed record of all of its proceedings,
which shall set forth the reasons for its decision, the vote of each member, the
absence of a member and any failure of a member to vote.
(5) Section 1503.1.4.1 is amended to read as follows:
1503.1.4.1 Nails and clips or similar fastening devices shall be hot - dipped
galvanized, stainless steel, nonferrous metal or other suitable corrosion resistant
material. Staple fasteners shall not be permitted.
(6) Section 1504.1.3 is amended to read as follows:
1504.1.3 Shingle application shall be as specified in the manufacturer's published
application instructions. Notwithstanding anything to the contrary contained
herein, asphalt shingles must be fungus resistant.
(7) Section 2405.2.1, number 6, is hereby repealed. (per State of Florida adoption).
SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an
ordinance, in conflict herewith are repealed.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
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its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of
March, 1998.
Rocky Randels, MAYOR
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
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FOR AGAINST
Second
Motion
First Reading.
Posted
Published
Second Reading.
February 17, 1998
February 18, 1998
February 21, 1998
March 3, 1998